If your partner’s visa has expired, a special federal Public Policy allows you to pursue sponsoring a spouse who is out of status in Canada without them having to leave the country. By applying through the Inland Spousal Sponsorship pathway, your spouse is generally protected from immediate deportation while Immigration, Refugees and Citizenship Canada (IRCC) processes the application.
Keeping Families Together Under Canadian Immigration Law
Falling in love and building a life together is a beautiful journey, but it can quickly become stressful if your partner loses their legal status in Canada. 💑 Whether they originally arrived in Toronto on a student visa, came to Vancouver as a visitor, or worked in Calgary before their permit expired, overstaying a visa creates immense anxiety about sudden deportation. Many couples mistakenly believe that the only solution is for the out-of-status partner to leave Canada and apply from their home country.
Fortunately, the Canadian government prioritizes family reunification. Under a specific Public Policy created by IRCC, Canadian citizens and Permanent Residents (PRs) can sponsor their undocumented spouses or common-law partners from within the country. This policy forgives the lack of temporary status, ensuring that you do not have to endure a painful, forced separation just to fix paperwork.
While this Public Policy is a massive relief, navigating the Inland Spousal Sponsorship process requires extreme care. 💼 It is highly recommended to consult with a Canadian immigration lawyer or a Registered Canadian Immigration Consultant (RCIC). They can help ensure your application is perfect, as any mistake could lead to a rejection, placing your spouse back at risk of removal from cities like Montreal or Halifax.
Step-by-Step Process for Sponsoring an Out-of-Status Spouse in Canada
Whether you live in a bustling metropolis like Toronto or a quieter region, the federal Inland Spousal Sponsorship process is the same across the country. Here is how couples generally navigate this pathway.
Step 1: Confirming Eligibility Under the Public Policy
Before doing anything, you must verify that the out-of-status spouse qualifies for the exemption. The Public Policy only forgives overstaying a visa, working without authorization, or entering Canada without a passport. It does not forgive criminal inadmissibility, serious health risks, or previous fraudulent misrepresentation to IRCC. If your spouse has a criminal record, you must address that separately before applying.
Step 2: Gathering Evidence of a Genuine Relationship
IRCC intensely scrutinizes inland applications to prevent marriages of convenience. 📸 You must collect robust evidence that your relationship is real. This includes joint lease agreements in Calgary, shared bank accounts, utility bills in both names, photos with family and friends, and chat logs. If you are applying as common-law partners, you must prove you have lived together continuously for at least 12 months.
Step 3: Completing the Mandatory IRCC Forms
You will need to complete several complex federal forms through the Permanent Residence Portal. The most critical forms include the Application to Sponsor (IMM 1344) and the Relationship Information and Sponsorship Evaluation (IMM 5532). Ensure all dates and histories are perfectly accurate; honesty is absolutely vital when dealing with Canadian immigration authorities.
Step 4: Submitting the Application and Securing a File Number
Once your application is uploaded and the federal fees are paid, you submit the package electronically. 💻 After several weeks, IRCC will issue an Acknowledgement of Receipt (AOR) containing your official application number. Receiving this AOR is crucial, as it provides documented proof that your spouse is officially in the processing system, which offers an administrative layer of protection against deportation.
How Much Does it Cost to Sponsor a Spouse in Canada?
Filing a spousal sponsorship application involves mandatory government fees and potential professional costs. As of 2026, you should prepare for the following expenses:
- IRCC Sponsorship Fees: The total standard government fee is currently $1,080 CAD. This includes the $75 sponsorship fee, the $490 principal applicant processing fee, and the $515 Right of Permanent Residence Fee (RPRF).
- Biometrics Fee: The out-of-status spouse must provide fingerprints and a photo at a local Service Canada centre, which costs $85 CAD.
- Medical Exam: A mandatory immigration medical exam performed by a Panel Physician typically costs between $200 and $300 CAD.
- Immigration Lawyer Fees: Retaining a local law firm to handle an out-of-status application generally costs between $3,500 and $6,000 CAD, depending on case complexity.
How Long Does the Inland Sponsorship Process Take?
The timeline for reuniting families is a top priority for IRCC, but the system is busy. 📅 In Canada, the standard processing time for an Inland Spousal Sponsorship is approximately 10 to 12 months. Because the sponsored spouse is out of status, they must remain inside Canada for this entire duration. Leaving the country for a vacation or family emergency will instantly abandon the inland application, forcing you to start over through the outland process.
Frequently Asked Questions (FAQ)
Can my out-of-status spouse work while we wait?
Generally, no. While IRCC sometimes offers an Open Work Permit for inland applicants, spouses who are completely out of status do not usually qualify for this permit until they receive an “Approval in Principle” near the very end of the sponsorship process.
Will the Canada Border Services Agency (CBSA) arrest my spouse?
If a removal order has not already been issued, applying for inland sponsorship under the Public Policy generally provides an administrative stay of removal. CBSA usually defers any deportation action while IRCC actively processes a genuine spousal sponsorship application.
What if my spouse entered Canada illegally?
The Public Policy is quite generous. It often protects individuals who entered Canada without formal inspection or with false travel documents, provided they declare it truthfully on the application. However, consulting a lawyer is strictly advised for illegal entries.
Can I sponsor if I am on Social Assistance?
No. Under Canadian law, you cannot sponsor a spouse if you are receiving provincial social assistance (welfare) for reasons other than a disability. You must be able to financially support the basic needs of your partner.
What happens if our sponsorship application is refused?
If the inland application is denied, the protection of the Public Policy immediately ends. Your spouse will likely be issued a removal order and required to leave Canada. Unlike outland applications, inland refusals do not have a standard right of appeal to the Immigration Appeal Division (IAD).
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